2014 (7) TMI 378

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....ening u/s 147, ignoring." 3. The other grounds are only in support of above ground No.1. 4. The facts of the case are that the assessee is a Government of India undertaking. For the year under consideration, the assessee filed the return declaring total income at nil. Assessment under Section 143(3) was completed on 29.10.2006. The assessment was reopened under Section 148 by issuing a notice dated 28th March, 2008. Learned CIT(A) held the reassessment to be invalid on two grounds, viz., (i) that the reassessment was based on the change of opinion and (ii) that the Assessing Officer initiated reassessment on the basis of audit objection. The Revenue, aggrieved with the order of learned CIT(A), is in appeal before us. 5. Learned DR ....

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....efore, when as per the statute, approval is required by the Joint Commissioner of Income Tax, if the same is taken from the Commissioner of Income Tax, it is not valid. The assessee has produced before us the copy of notice issued under Section 148 dated 28th March, 2008. In the last paragraph of the notice, the Assessing Officer has mentioned "This notice is being issued after obtaining the necessary satisfaction of the Commissioner of Income-tax, Delhi". Section 151(1) of the Act reads as under:- "151. (1) In a case where an assessment under subsection (3) of section 143 or section 147 has been made for the relevant assessment year, no notice shall be issued under section 148 [by an Assessing Officer, who is below the rank of Assistant....